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HomeMy WebLinkAbout03-11-1997 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, MARCH 11, 1997 coirow CALL TO ORDER The regular meeting was called to order by Chairman Switzer at 7:30 p.m. followed by a moment of silent meditation and the pledge of allegiance. A quorum was declared present. PRESENT: Chairman Harold Switzer, Members Hopkins, Jones, Landefeld and Rhodus, and Alternate Members McKey and Williams. Also present were Planning Director Wagner, Senior Planner Horne, Concurrency Analyst Resnik, City Attorney Rosenthal, and Deputy City Clerk Green. ABSENT: Vice Chairman Bond and Member Miller. CONSENT AGENDA The consent agenda consisted of approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held February 11, 1997. *kr, Member Landefeld, seconded by Member Jones, moved to a. a rove the consent a enda as presented. Motion carried 5 -0. Vice Chairman Bond and Member Miller were absent. NEW BUSINESS CELEBRATION BAPTIST CHURCH SPECIAL EXCEPTION APPLICATION, CASE No. 1- 6SE- 96:CBC - PUBLIC HEARING Chairman Switzer reopened the public hearing which had been continued from February 11, 1997. Members had chosen to defer action until questions about the name of the church could be resolved and a representative could be present for the Applicant. Planning Director Wagner presented the staff report for the Celebration Baptist Church request for permission to conduct church services for a congregation of 40 -50 persons at the former Nautilus Center in the Orange Tree Plaza until a new building is constructed in the Winter Garden area. Mr. Wagner said the Applicant was planning to merge with another church group and change the name of the facility and that the pastor was present to answer questions about the details. An unusual aspect of this Special Exception was the need to consider locational requirements for establishments serving alcoholic beverages (Chapter 38 -5 of the Ocoee Code of Ordinances) since five such establishments are already operating within 1,000 feet of the subject property. The City Attorney has determined that the proposed use will not affect these establishments. However, the proposed use could be considered an "established church" and provide a basis for denying any future alcoholic beverage permits for nearby properties. As the Planning and Zoning Commission Regular Meeting March 11, 1997 City has no applications on file at this time for a new structure in the area, staff believes that a temporary Special Exception granted for the proposed use would mitigate this concern. He concluded with staff recommendation that Planning and Zoning Commission recommend approval for the Special Exception to operate the church at that location in accordance with the nine Conditions of Approval as listed in the staff report. Mr. Tim Gunter, 1411 Chapel Ridge Drive, Ocoee, pastor of the Lakeville Road Baptist Church and Celebration Baptist Church, apologized for missing the February 11 meeting. He explained that they had established Celebration Baptist Church to occupy the Maguire Road Suite. He said three couples have joined their church who hold the assets to the Lakeville Road Baptist Church whose church building and property had been essentially wiped out by two severe floods. The merger had taken place in order to combine assets. They had chosen to maintain the Lakeville Road Corporation as the existing corporation because they had gone further in their incorporation process. Chairman Switzer asked about the status of the church finding a permanent home and what is the projected date of occupying it. Mr. Gunter said they had held a groundbreaking service the previous Sunday on a ten acre parcel on East Crown Point Road. He said that blueprints were to be submitted to the Winter Garden City Planner this week, that they anticipate being in their first building by the middle of summer, and that their goal was to be out of the Maguire Road suite by October. The public hearing was closed. Chairman Switzer asked Attorney Rosenthal if the adjacent property owners had been advised of this Special Exception. Mr. Wagner said that, instead of the usual 300 foot radius, notices had been sent to those within 1,000 feet who could be affected by this Application. Chairman Switzer asked how adjacent businesses would be affected if they changed ownership during the time the church occupies this facility . Attorney Rosenthal explained that if the business should change hands or ownership, it would be a continuation of the same business and would not be affected. However, if the business were closed and sought to reopen, it would most likely be treated as a new business and in all likelihood would be subject to the restriction. Chairman Switzer said the church's plan to move by October allayed some of his concerns. Member Hopkins and Member Landefeld expressed concerns about the availability of adequate parking for the Sunday and Wednesday evening services when the theater would be open. ta.► 2 Planning and Zoning Commission Regular Meeting March 11, 1997 Mr. Gunter said their attendance was about 20 for the Sunday morning service, and about 10 for the Sunday and Wednesday evening services. Mr. Wagner said there should be enough parking for this use and that it was a function of the owner to provide adequate parking for his movie patrons. Member Landefeld, seconded by Member Rhodus, moved to recommend approval of the Special Exception Application of the Celebration Baptist Church, Case No. 1- 6SE- 96:CBC, to operate a church at the former Nautilus Center within the Orange Tree Plaza in accordance with the following Conditions of Approval: 1� This Special Exception is for the benefit of the Celebration Baptist Church and the rights granted hereunder do not run with the land. In the event the Celebration Baptist Church ceases to use the sub'ect . ro s ert then this S . ecial Exception shall automatically terminate. • The Special Exception is temporary and shall expire twelve months from the date of approval by the City Commission. Upon issuance of the building permit, the owner or its agent shall diligently proceed in good faith to com s lete construction in accordance with the terms thereof. Failure of the owner or its agent to proceed as aforesaid shall provide a basis for revocation of the Special Exception by the City Commission. • Approval of this Special Exception does not authorize commencement of development. Prior to issuance of a building permit, it will be necessary to obtain site plan a I 'royal I ursuant to the ' rovisions of Article IV of the Ocoee Land Development Code. Further, compliance with all other applicable provisions of the Ocoee Land Development Code shall be required. • Should the uses permitted by this Special Exception be terminated or substantially modified or expanded in a manner inconsistent with the Conditions of Approval for the S . ecial Exce • tion then said S . ecial Exce • tion ma be revoked b the City Commission at its sole discretion. The a s . royal is sub'ect to issuance of a Final Certificate of Concurrenc _ . rior to the issuance of a building permit or an occupational license for the proposed use. The number of patrons to be permitted within the Celebration Baptist Church shall be limited to that permitted by the Ocoee Building and Fire Safety Codes. The Celebration Baptist Church shall be limited to operating between the hours 3 Planning and Zoning Commission Regular Meeting March 11, 1997 of 7:00 a.m. and 10:00 p.m., seven days a week. The applicant shall make a good faith effort to obtain a Certificate of Occupancy for the proposed use within six months of issuance of the building permit. All buildings shall conform to Florida Uniform Fire Safety Codes and Standards and the Standard Building Code, and the main building shall be protected by an automatic sprinkler system if required by the Ocoee Fire Department. Motion carried 5 -0. Vice Chairman Bond and Member Miller were absent. Chairman Switzer announced that the Planning and Zoning Commission would be acting as the Local Planning Agency (LPA) to consider the next item. PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT CODE PLANNED UNIT DEVELOPMENT, SPECIAL OVERLAY AREAS, AND TABLE 5 -2 - PUBLIC HEARING Chairman Switzer opened the public hearing. Noisy Planning Director Wagner said that page number 18085 had been inadvertently omitted from the packet. It was distributed and time allowed for members to review it. Mr. Wagner then presented an overview in which he explained the reasons for the proposed changes and that which is included in the overlay areas. He said the City had recently amended the Comprehensive Plan to clarify issues pertaining to Special Overlay Areas (formerly known as Special Overlay Districts.) Special Overlay Areas include Activity Centers, Interchange Impact Areas, and the Downtown Redevelopment Area. An overlay area, unlike a regular zoning district, has its own specific regulations and standards. The overlay "floats" over all the underlying zoning districts within that area. It is a common tool in most zoning ordinances where there is special emphasis on a certain area in order to promote a coordinated development pattern. Owners would still have the right to develop their property with their underlying zoning category, but would have to comply with additional regulations such as coordinated access, shared parking, promotion of shared stormwater facilities, or cross - access (keeping the traffic within the development as opposed to letting it spill out onto the roadways). Mr. Wagner said there were many conflicts between Ocoee's Comprehensive Plan and the Land Development Code. Activity Centers, Interchange Impact Areas and the Downtown Redevelopment Area were being treated as zoning districts within the Code and that was never the intent. Some of the changes pulled those out of the zoning district category and put them into the overlay area. 'err• 4 Planning and Zoning Commission Regular Meeting March 11, 1997 He said the proposed changes to the Land Development Code would remove the conflicts within the Code and with the Comprehensive Plan upon approval of the Comprehensive Plan Amendment. He stressed that the proposed changes do not create any Special Overlay Areas at this time. Each Interchange Impact Area, the Downtown Redevelopment Area, and Activity Centers must all be established individually by ordinance after significant public input. The Land Development Code changes being proposed at this time simply clarify and establish regulations pertaining to the creation and administration of Special Overlay Areas. To the greatest degree possible, the new regulations will protect the underlying rights of land owners having property situated within the boundaries of these areas, since no rezoning or land use changes are required to implement these provisions. Also, the development review procedures have been created to follow existing review procedures to the greatest extent possible to minimize any additional administrative burden on developments contained within each Special Overlay Area. He explained that any requests for waivers from the Code would come before Planning and Zoning Commission and the City Commission as only the City Commission can grant those kinds of waivers. He said Overlay Areas would be advantageous to the owner by allowing more flexibility and to the City because they encourage coordinated development. Chairman Switzer asked if the changes would speed up the process. Mr. Wagner said it gives err the staff more flexibility to make decisions that will benefit both the developer and the City. Mr. Wagner pointed out changes in Table 5 -2 for the maximum impervious surface area. He also stated that mixed and multi -use developments have been added to clarify that PUD's may be utilized within Special Overlay Areas as an underlying zoning category, if the developer so chooses. Chairman Switzer asked if the City had established a Downtown Redevelopment Area. Mr. Wagner said there is a redevelopment area map in our Comprehensive Plan which specifically sets out the boundaries of the Downtown Redevelopment Area. The area is defined, but no plan has been established. He said that other areas are only defined in a general sense. The public hearing was closed. Alternate Member McKey supported retaining the "Standards for Traditional Neighborhoods" (pages 18087 and 180104) as he thought some of the provisions were positive for the community and would like to make sure that they are incorporated elsewhere in the Code. Mr. Wagner explained that basically the language has just been moved to a more appropriate location. *t 5 Planning and Zoning Commission Regular Meeting March 11, 1997 Chairman Switzer, seconded by Member Landefeld, moved to recommend that City Commission adopt the amendments to 4 -5, 4 -6, Table 5 -2 and Section 5 -3 of the Land Development Code as presented by Staff. Motion carried 5 -0. Vice Chairman Bond and Member Miller were absent. Old BUSINESS - None. OTHER BUSINESS - None. COMMENTS Planning Director Wagner 1) The cellular communication tower ordinance will be presented to P & Z shortly. Staff has been looking at possible innovative approaches. 2) The last leg of Clarke Road was almost done. 3) Working on Maguire Road with the County to try to get the roadway and the bridge widened. Also a possible interconnection of Old Winter Garden Road with Maguire Road, the Expressway and the Turnpike. 4) Also working with the County on one cent sales tax issue. Have brought the City and County together to talk about some joint roadway projects. 5) Finalizing a contract with a Transportation Consultant. 6) Have more "bites" on development around the mall. 7) Library is looking to locate a facility in West Orange. Member Rhodus asked what restaurant was coming in. Mr. Wagner said Don Pablos, Steak and Shake, Wunderbar and a buffet style restaurant were probable or possible. Mr. Wagner also noted that Preapplication Conferences had been scheduled for Toys R Us and Circuit City. Chairman Switzer mentioned a Land Use Siting for Wireless Communication Towers Seminar at the Radisson in April. He said he and Mrs. Bond would like to attend. ADJOURNMENT The meeting was adjourned at 8:25 p.m. / A.(1AAL vi /! LD At- / , IA J Marian Green, Deputy City Clerk ' a old Switz • r, h : irman 6